1. The plaintiff's appeal is dismissed.

2. Upon receiving a claim added at the trial, the Defendant is KRW 1 million and the Plaintiff.

1. The Plaintiff’s assertion and determination of the parties concerned: (a) the Defendant residing on the upper floor of the Plaintiff’s Yeonsu-gu Incheon Metropolitan City C Apartment 108 Dong 416 continuously caused noise from January 2, 2013; (b) had been found in the Plaintiff’s house on several occasions from March 2, 2013, and threatened the Plaintiff with the Plaintiff’s house to “bed or killed;” and (c) thereby, the Plaintiff was suffering from serious mental distress; and (d) the Plaintiff did not receive income amounting to KRW 9,781,403 from June 10, 2014 to June 10, 2016; and (e) the Defendant had the obligation to pay the Plaintiff consolation money of KRW 2,00,000 and KRW 9,781,403 with the amount equivalent to the actual profit of KRW 9,781,403 as compensation for damages caused by the tort.

First, the evidence submitted by the plaintiff in this case is insufficient to recognize that the defendant caused inter-floor noise exceeding the tolerance limit as alleged by the plaintiff, and there is no other evidence to recognize it. Thus, the plaintiff's claim for lost profit and consolation money based on inter-floor noise among the above allegations by the plaintiff is without merit.

However, according to the purport of Gap evidence No. 1 and the whole pleadings, the defendant acknowledged the fact that the plaintiff threatened the plaintiff on March 2, 2013 on the ground that he/she did not cause noise between floors even though he/she did not cause noise, and that he/she invaded upon the plaintiff's residence on April 19, 2013 (In Incheon District Prosecutors' Office imposed a fine of KRW 1,00,000 on an administrative fine of KRW 20,3455, and Incheon District Court sentenced the same amount as the administrative fine of KRW 2013Ma2315, Sept. 12, 2013). Since the defendant's above acts constitute tort against the plaintiff, the defendant is obligated to pay the plaintiff with compensation for mental distress of the plaintiff.

The defendant's residential intrusion and intimidation lack of evidence to prove that the plaintiff had lost profit.